Title 49—Transportation--Volume 1
PART 1110—PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS
§ 1110.1   Applicability.
This part contains general rulemaking procedures that apply to the issuance, amendment, and repeal of rules, general policy statement, or other interpretation of rules or law of the Surface Transportation Board, adopted under the procedures of section 553 of title 5 of the United States Code (the Administrative Procedure Act).
§ 1110.2   Opening of proceeding.
(a) The Board may open a rulemaking proceeding on its own motion. In doing so, it may consider the recommendations of other agencies of the United States and of other persons.
(b) Any person may petition the Board to open a proceeding to issue, amend, or repeal a rule.
(c) Each petition seeking the institution of a proceeding, filed under this section must:
(1) Be submitted to the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, Washington DC;
(2) Set forth the text or substance of the rule or amendment proposed or specify the rule that the petitioner wants to have repealed or modified;
(3) Explain the interest of the petitioner in the action requested; and
(4) Contain any information and arguments available to the petitioner to support the action sought and may detail any environmental, energy, or small business considerations.
(d) In rail cases, the Board will grant or deny a petition within 120 days of its receipt.
(e) If the Board determines that a petition contains adequate justification, it will open a rulemaking proceeding pursuant to § 1110.3 and will notify the petitioner of its action.
(f) If the Board determines that the petition does not contain adequate justification for opening a rulemaking proceeding, the petition will be denied, with a brief statement of the grounds for denial, and the petitioner will be notified of the Board's action.
(g) If a petition under this section concerning a common carrier by railroad is granted, the Board will proceed as soon as it is practicable. If the petition is denied, the Board will publish a statement of the reasons for the denial in the Federal Register.
§ 1110.3   Publication of notices.
(a) Interpretive rules, general statements of policy, and rules relating to organization, procedure, or practice may be issued as final without notice or other public rulemaking proceedings.
(b) General rulemaking proceedings will be opened by the issuance of either a notice of intent to institute a rulemaking proceeding, an advance notice of proposed rulemaking, or a notice of proposed rules. The Board will publish the notice in the Federal Register, and it will invite the public to participate in the rulemaking proceeding. No notice will be issued when the Board finds for good cause, that notice is impractical or unnecessary or contrary to the public interest.
(c) Notices of proposed rulemakings will include:
(1) The proposed rules, if prepared;
(2) A discussion of why the rulemakings are needed and what they are intended to accomplish;
(3) Identification of significant dates in the proceedings, such as dates by which comments must be filed or on which the rules are proposed to take effect;
(4) Any relevant addresses;
(5) The name and phone number of an individual within the Board who can provide further information concerning the proceedings;
(6) Any supplementary information required; and
(7) Reference to the legal authority under which the rules are proposed.
(d) In addition to being published in the Federal Register, notices of proposed rulemaking and subsequent notices and decisions in rulemaking proceedings, will be served on the parties by the Office of Proceedings and made available to the public through the Office of Public Assistance, Governmental Affairs, and Compliance. To the extent possible, the date of service will be the same as the date of publication in the Federal Register. When the service and publication dates are not the same, the date of publication in the Federal Register is controlling for the purpose of determining time periods set by these procedures or by notices issued in individual proceedings.
§ 1110.4   Participation.
Any person may participate in rulemaking proceedings by submitting written information or views. In addition, the Board may invite persons to present oral arguments, participate in informal conferences, appear at informal fact-finding hearings, or participate in any other proceedings. Information contained in written submissions will be given the same consideration.
§ 1110.5   Consideration of comments received.
All timely comments will be considered before final action is taken on a rulemaking proposal. Comments which are filed late will be considered so far as possible without incurring undue expense, delay, or prejudice to other parties.
§ 1110.6   Petitions for extension of time to comment.
(a) Any person may petition the Board for an extension of time to submit comments in response to a notice of proposed rulemaking. The petition must be submitted at least 10 days prior to the deadline for filing comments. The filing of the petition does not automatically extend the time for the filing of petitioner's comments.
(b) The Board will grant the petition only if the petitioner shows a substantive interest in the proposed rule and good cause for the extension, and if the extension is in the public interest. If an extension is granted, notice of it will be published in the Federal Register, and it will apply to all persons.
§ 1110.7   Availability of dockets.
Dockets of pending rulemaking proceedings are maintained in the Office of Proceedings. These dockets are available for inspection by any person, and copies may be obtained upon payment of the prescribed fee.
§ 1110.8   Adoption of final rules.
If, after consideration of all comments received, final rules are adopted, notice will be published in the Federal Register.
§ 1110.9   Petition for waiver.
Any person may petition the Board for a permanent or temporary waiver of any rule. Petitions should be filed with the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, Washington, DC 20423-0001, and should identify the rule involved.
§ 1110.10   Petitions for reconsideration.
Any person may file a petition for reconsideration of the Board's decision in a rulemaking proceeding. Petitions should be filed within 20 days of the date that the final decision is published in the Federal Register and should identify the interest of the petitioner, the specific action sought, and the arguments favoring that action.